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Consequences of Juvenile Punishments
Juvenile Justice Case Study paper
Juvenile Justice Case Study paper
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Not only has there been debates about what approach should be used when punishing juvenile offenders, but there has also been debates about the need for two separate justice systems. Some individuals believe that juveniles need to be punished for their delinquency by being sentenced to jail just as an adult offender would be. According to Urban, Cyr, and Decker (2003), The Violent Crime Control Act of 1995 allows juveniles who are 13 years old and up to be sentenced as an adult if they have committed a violent crime with a fire arm on federal property. Advocates of such acts believe the juvenile justice system has failed at “rehabilitating” offenders by placing more focus on rehabilitation and treatment practices. Because of this these advocates …show more content…
Although some believe that the “just desert” method will restore balance to the community, it has been found to be ineffective when properly dealing with the elimination of crime in the future (Wenzel and Theilmann, 2006). Instead the “just desert” approach creates a antagonistic relationship between the community, victims, and offenders. However by taking a restorative justice approach to crime, offenders have the opportunity to engage in community service and give back as well as attend educational programs that educate them on victim awareness (Wenzel and Theilmann, 2006). This approach was also found to restore values in offenders and bring about more understanding between the offender, their victim(s), and communities (Wenzel and Theilmann, 2006). Karen Pryor, a well known Behavior Psychologist who focused much of her studies on training and the avoidance of punishment practices, said it best when she stated that punishment is the first thought when behavior goes wrong and that it is humanity’s favorite method of dealing with undesired behaviors (Pryor, 1996). However, this should not be the case, especially with our juveniles whether delinquent or not because harsh punishment practices does not teach anything, and is merely a temporary solution to the real problem (Pryor, …show more content…
As discussed in depth, there are all types of crimes that are committed by young offenders these days and the offenders possess a number of different characteristics. There have been many theoretical crime explanations that have been formed over the years that attempt to explain the reasoning behind the question of why certain individuals, both young and old, are more prone to commit crimes. The discussion of punishment practices are also important because it displays the many approaches that have been taken to ensure that juvenile delinquents are being treated fairly, but punished and rehabilitated all simultaneously. Many methods fall under this kind of approach referred to as the restorative justice approach such as neighborhood conference committees, victim impact panels, sentencing circles, and community impact panels which all attempt to rehabilitate the offender, but also to involve members of society including the victims/survivors of crimes (Siegel, 2009). It is believed and hoped with the continuation of processes, practices, and programs in place such as these that juvenile crime will eventually decrease bringing more order to our society as a whole. Overall, this paper strives to bring awareness to juvenile delinquency by
The adult system’s shifts leaked into the juvenile system, causing an increase in incarcerations even when delinquency rates were declining at the time. Juvenile reform legislations prompted more compulsory sentencing and more determinate sentences for juveniles, lowering of the upper age of juvenile jurisdiction, considerable ease in obtaining waivers to adult court for juvenile prosecution, and made it easier to gain access to juvenile records as well. Furthermore, it led to greater preoccupation with chronic, violent offenders, which in turn led to a redirection of resources for their confinement. Thereby, the absence of reliable criteria for identifying such offenders tends to stereotype all delinquents and is more likely to raise the level of precautionary confinements. These three major shifts in juvenile justice policy demonstrate the power and depth of traditional beliefs about the causes and cures of crimes in U.S. society. It also shows how the system can bend for a time in the direction of new approaches to prevention and control. Today, we are presently in a time of conservative responses where the prevailing views about crime express beliefs about prevention, retribution, and incapacitation that are profoundly rooted in our
The Youth Criminal Justice Act has many concerns creating inequalities in the restorative justice approach. For instance, juvenile delinquents who develop from a background that is impoverished may lack the ability to satisfy the reparative objectives of punishment and may not be ready to be reintegrated back into socie...
A growing number of probation officers, judges, prosecutors as well as other juvenile professionals are advocating for a juvenile justice system which is greatly based on restorative justice. These groups of people have been frustrated by the policy uncertainty between retribution and treatment as well as unrealistic and unclear public expectations. As a primary mission, the balanced approach or policy allows juvenile justice systems together with its agencies to improve in their capacity of protecting the community and ensuring accountability of the system and the offenders . It enables the youths to become productive and competent citizens. This guiding philosophical framework for this policy is restorative justice as it promotes the maximum involvement of the community, victim, and the offender in the justice process. Restorative justice also presents a viable alternative to sanctions as well as interventions that are based on traditional or retributive treatment assumptions. In the policy proposal for restorative justice, the balanced approach mission assists juvenile justice system in becoming more responsive to the needs of the community, victims, and the offenders . Therefore, this paper considers how restorative justice reduces referrals of juveniles to criminal and juvenile justice systems and gives a proposal on the implementation of restorative justice in the community together with a number of recommendations. For instance, preliminary research reveals that application of restorative justice in schools significantly reduces school expulsions, suspensions, and referrals to the criminal justice systems. Restorative justice programs are an alternative for zero-tolerance policies for juveniles or youths .
The inappropriate or unnecessary use of incarceration is “expensive, ineffective, and inhumane,” and initiates a “cycle of juvenile reoffending” (Bala et. al, 2009). A study conducted by Mann (2014) exemplifies this cycle of youth reoffending. The youth interviewed demonstrated that despite a stay in sentenced custody, the threat of future punishment was not enough to deter from future offences. Cook and Roesch (2012) demonstrate that youth have developmental limitations that can impair their involvement in the justice system; for example, not understanding their sentencing options properly or their competence to stand trial. Therefore, deterrence as a justification for youth incarceration is ineffective, as incarceration proves to be not a strong enough deterrent. Alternative methods such as extrajudicial measures and community-based sanctions were considered more effective (Cook & Roesch,
The goals of juvenile corrections are too deter, rehabilitate and reintegrate, prevent, punish and reattribute, as well as isolate and control youth offenders and offenses. Each different goal comes with its own challenges. The goal of deterrence has its limits; because rules and former sanctions, as well anti-criminal modeling and reinforcement are met with young rebellious minds. Traditional counseling and diversion which are integral aspects of community corrections can sometimes be ineffective, and studies have shown that sometimes a natural self intervention can take place as the youth grows older; resulting in the youth outgrowing delinquency.
Federal standards define any young offender under the age of eighteen who commits a crime is define as a juvenile delinquent. And the important differences between adults and young people, that a one-size fits all method is not desirable and will not make the situation better. Our justice system also accomplishes an important symbolic function by establishing principles of behavior. It formally defines the right and wrong for citizens and frees them from the responsibility of taking vengeance, thus avoiding the escalation of feuds within communities. The system protects the rights of free citizens by honoring the belief that individual freedom should not be denied without good cause.
The dilemma of juvenile incarceration is a problem that thankfully has been declining, but still continues to be an ethical issue. The de-incarceration trend has coincided with a decrease in crime. It is hopeful that our nation is changing the approach to the treatment of juveniles in the criminal justice system. It means we know what to do and what is working, now just to follow through and continue the change to creating a juvenile justice system that is truly rehabilitative and gives youth tools to be able to be positive members of
Introduction: Recidivism or, habitual relapses into crime, has time and time again proven to be an issue among delinquents, which thereby increases the overall juvenile prison population. This issue has become more prevalent than what we realize. Unless a unit for measuring a juvenile’s risk of recidivism is enacted and used to determine a system to promote effective prevention, than the juvenile prison population will continue to increase. Our court system should not only focus on punishing the said juvenile but also enforce a program or policy that will allow for prevention of recidivism. So the question remains, how can recidivism in the juvenile prison population be prevented so that it is no longer the central cause for increased juvenile delinquency? Simply put, we must create a means of measuring juvenile’s level of risk and in turn, form an effective rehabilitation program that will decrease their risk level for future recidivism.
The United States has been affected by a number of crimes committed by juveniles. The juvenile crime rate has been increasing in recent years. Everyday more juveniles commit crimes for various reasons. They act as adults when they are not officially adults. There is a discussion about how juveniles should be punished if they commit heinous crimes. While many argue that juveniles who commit serious crimes, such as murder, should be treated as adults, the fact is, juveniles under the age of eighteen, are not adults, and should not be treated as such.
There has always been alarm and despair over escalating juvenile crime. In the 1950s there were reports about the mushrooming problems with youthful gangs in the big cities. In the 1960s we began to hear about a surge of juvenile crime in areas that had been regarded as virtually crime free. In the suburbs as well as the inner cities, youngsters were dropping out of school, using drugs and committing crimes. In the 1970s and 1980s, juvenile court dockets became increasingly jammed with criminal cases. According to the Department of Justice, the percentage increases in arrests from 1985 to 1994 have been greater for juveniles than for adults. During 1994 alone, 2.7 million juveniles were arrested. During the latter part of this century, juvenile courts that customarily provided social services in order to rehabilitate rather than punish lawbreakers were faced with an onslaught of children who were not simply wayward youths, but hardened repeat offenders. The 1980s witnessed an increasingly desperate outcry for courts to take more extreme measures to contain juvenile crime, which is assuming ever more serious forms.
Juvenile delinquency is a conduct by a juvenile or a person below the legal age that is above parental control thus dealt with by the law. Crime in this case cannot be punishable by death or life imprisonment. There are many cases of juvenile delinquency in recent times that have raised many issues in the United State’s legal systems. There are many ways of explaining juvenile delinquency and crime when it comes to; cause, results, and legal actions pertaining to crimes. Alex Kotlowitz in his book, “There Are No Children Here” focuses on crime and juvenile delinquency through life experiences. This story is about the life of two boys who the author researched for a few years. The two boys were from Chicago, grew up in a poor family, surrounded by poverty, gangs, and violence as do many of us who come from low income, minority filled areas. The two boys unfortunately, sad to say end up in juvenile hall which clearly depicts the whole concept of crime and juvenile delinquency that arises from more issues than simply meets the eye . Issues relating to the social disorganization theory of poverty, disorganization, and low community control. This paper will analyze the story using themes that relate to juvenile delinquency and further discuss causes and ways to control juvenile delinquency
Of all the justice systems four ways to deal with youth crime I personally feel that the balanced and restorative justice model works the best of them all. The reason I feel that way is because I honestly feel this model is made to truly make a difference in the lives of the juveniles. The premise of this model is to give offender the opportunity to right their wrongs and redeem themselves in the eyes of not only their communities but, most importantly their own eyes. Also, this justice model aims to help the offender avoid future offenses. This approach revolves around the theory that considers crime and any act of wrongdoing to be an offense strictly against an individual or a community rather than a crime against that state. Therefore, I
When it comes to “Balanced and Restorative Justice” (BARJ) the core principles are “ensuring community safety, insisting on offender accountability to victims and equipping offenders in the system with skills so they are able to pursue noncriminal paths after release” (pg. 287). With these principals the juvenile justice system can operate in a way that is in the best interest for juveniles and the community they are in. Although there are three main components of restorative justice, a fourth one can also be included because of the role it plays. The components are: the offender, the victim, and the community and juvenile justice professionals. The offender first has to be accountable for his/her actions, actively participates in rehabilitation
In the state of California one of the juvenile justice system’s goal is public safety. While their goal for adult offenders is punishment, their goal for juvenile offenders is treatment and rehabilitation. California’s juvenile justice system has numerous methods and programs for addressing juvenile crime. They attempt
Juvenile delinquency is one of the major social issues in the United States today. Juvenile delinquency, also known as juvenile offending, is when “a violation of the law committed by a juvenile and not punishable by death or life imprisonment” (Merriam-webster.com). Although we have one justice system in America, the juvenile system differs from the adult juvenile system. Most juvenile delinquents range from as low as the age of seven to the age of seventeen. Once the delinquent or anyone turns the age of eighteen, they are considered an adult. Therefore, they are tried as an adult, in the justice system. There are many different reasons why a child would commit crime, such as mental and physical factors, home conditions, neighborhood environment and school conditions. In addition, there are a variety of effects that juvenile justice systems can either bad effects or good effects. Finally there are many different solutions that can reduce juvenile delinquency. As a result, juvenile delinquency is a major issue and the likeliness of it can be reduced. In order to reduce juvenile delinquency there has to be an understanding of the causes and the effects.